Precision Research On Sentencing Recommendations Based On Big Data Assistance

The suggestion of sentencing is an important form for procuratorates to exercise the power of public prosecution in the process of criminal proceedings,in the system of leniency,the important role of the procuratorates ' sentencing proposal is especially prominent,because it not only shoulds the responsibility to give the accused person voluntary confession penalty corresponding judicial response,and its influence on the court's final judgment also significantly increased.In October 2019,two senior department jointly issued on the applicable pleaded guilty to forfeit their greater guidance system "has been clear about the confession forfeit procuratorates from case to ask for sentencing suggestion that" to determine the punishment suggestion is mainly based on amplitude of punishment suggestion is complementary ".The important position of the sentencing proposal of the procuratorates in the system of leniency of confession and punishment and the requirement of precise sentencing put forward higher requirements on the work and professional ability of the procuratorates.Therefore,how to realize accurate sentencing and punish the crime under the premise of ensuring the litigation efficiency has become the focus and difficulty of the procuratorates ' work at the present stage.Nowadays,data analysis and application technology have covered all aspects of social life and greatly improved the efficiency of social operation,in which big data technology plays a pivotal role.Big data technology based on a certain category of data collection,management and processing,can further realize the social value of huge amounts of data information and the working principle and the procuratorates by combining the case facts,evidence,and related factors on the accused person gives sentencing suggestion has intrinsic consistency of behavior patterns,and the technology of data analysis results are accurate and can be used for procuratorates to realize sentencing Suggestions accuracy.So at this stage sentencing recommendations of accurate universal facing some difficulties can try to combine the characteristics of big data technology and operation mode,innovative exploration to the technology as the procuratorates of sentencing suggestion,to further promote the implementation of sentencing proposal is accurate,and pleaded guilty to forfeit their further development from the system,it has important value.In this paper,by studying the technology of data used in the feasibility and necessity of the judicial field,and in the field of research outside the judicial system and related domestic application technology of data for the judicial discretion,on the basis of the relevant theory and practice to explore big data technology aided prosecutors sentencing recommendations precisely the implementation of the path.This paper is divided into five parts:The first part is to clarify the concepts related to the precision of sentencing recommendations of procuratorates and big data technology in the leniency system of admission of guilt and punishment,explore the internal premise of the application of big data technology in the precision of sentencing recommendations,and analyze the realistic and long-term value of the realization of precision of sentencing recommendations assisted by big data technology.The second part precision greater confessed forfeit their system of sentencing proposal to change the status quo of its implementation,accurate current sentencing proposal advancing the paper expounds the problems existing in the process,at the same time for large data in the field of technology in the field of social and judicial application,analyzes the application and auxiliary sentencing recommendations accurate initial possibility.The third part expounds the experience and lessons of the application of big data technology in judicial discretion of some countries outside the region,mainly taking the application of big data technology in the United States and France as examples.The analysis and summary of the practice of applying big data technology in the judicial field,especially in judicial discretion,of countries with relatively high level of rule of law outside China can provide some enlightenment for the application of big data technology in the process of promoting the precision of sentencing recommendations in China.The fourth part analyzes the possibility of applying big data technology to realize the precision of sentencing recommendations in the leniency system of admission of guilt and punishment.This paper analyzes the necessity and feasibility of applying big data technology in the leniency system of admission of guilt and punishment,and also explores and analyzes the corresponding risks that may arise.The fifth part is the design of concrete measures and the improvement of relevant supporting measures for the application of big data technology to the precision of sentencing recommendations of procuratorates.First of all,from the main processes of big data technology data processing,namely judicial data collection and storage,judicial data structured processing and computing model construction,as well as judicial data analysis and results output,judicial fusion and construction are carried out at the technical level.Secondly,according to the concrete operation of sentencing Suggestions obtained by the procuratorates in practice,the concrete design of behavioral operation is carried out in three stages: input of case data and information,technical analysis and processing and output of quantitative results,and final perfection and conclusion of the procuratorates.Finally is for big data technology in the auxiliary sentencing recommendations of accurate analysis of existing related risks and formulate corresponding supporting measures and mechanism to be perfect,targeted to judicial transparency among the more prominent problem,the algorithm of big data technology periodic review and improvement,and further strengthen sentencing responsibility of the procuratorates.